How to Get Unclaimed Money in Michigan: A Simple Guide for Residents

Every year, billions of dollars of money goes unclaimed in Michigan. In fact, as of early 2025, there was more than $2 billion worth of unclaimed money in the coffers of the state.

A sizable portion of this total, $189.6 million in fact, is held in more than 17.6 million properties, each worth $50 or less.

This illustrates the fact that residents of Michigan are letting their rightfully-owned money be held by the state each year. Luckily, there is an easy way to get whatever money is yours.

In this article, we’ll explain what unclaimed money in Michigan is, and how you can find out if you have any — and the steps to take to claim it.

What is Unclaimed Money in Michigan?

Unclaimed money is essentially any financial asset that has been abandoned or forgotten. It can include things such as refund checks, insurance payouts, unused gift card balances or old bank accounts.

When these funds go unclaimed, the business that holds them has to legally try to contact the owner to give it to them. There are specific rules that require companies to report and transfer financial assets after a period of inactivity.

Once they’re unable to reach that person for a certain period of time, though, they have to turn the assets over to the state.

At this point, the State of Michigan is responsible for holding onto those financial assets temporarily until the rightful owner comes forward to claim them.

How to Search for Unclaimed Money in Michigan

Like many other states, Michigan’s Department of Treasury has an easy-to-use online system that allows you to search for any unclaimed money that the state may owe to you.

By visiting the state’s site, you can easily search your name to see if the state is holding any unclaimed money on your behalf.

Once you’ve arrived at the site, you only need your full name to conduct a search. Additional details that you provide — such as the city and/or Zip code of the place you reside — can help to narrow down the results, especially if you have a common name.

Keep in mind that if you have lived in multiple locations in Michigan, you may have unclaimed funds associated with more than one address..

The state’s unclaimed property site also allows you to look up funds that might be owed to deceased relatives. Of course, you’ll need to have the proper documentation to move forward and claim them, if you find any.

How to File a Claim for Unclaimed Money

After you perform the search on the state’s website, it will produce any results of unclaimed money that are associated with your name. You’ll first want to verify that the results are actually meant for you, and not someone else who shares your name.

If you believe that the funds are indeed yours, you can move onto the next step in the process. This involves going through a short verification process that will ensure that you are the rightful owner of the unclaimed property.

You may need to provide information such as a Social Security number, driver’s license number or other form of acceptable government ID. Depending on the type of property you are claiming, you may need to provide proof of address or a document that shows your past affiliation with the business that held the funds.

The processing times vary once you’ve completed the verification, but most claims are resolved within a few weeks.

How Michigan Protects Your Unclaimed Money

A common question people have is how does the state of Michigan protect your unclaimed money while they hold it? Per state law, the Department of Treasury has to keep your funds safe until either you or your heirs file a proper claim.

The state also has to hold the unclaimed assets indefinitely. In other words, they never “expire;” you or your rightful heirs can always claim them.

By putting a proper verification process in place, the state ensures that no one else can falsely or fraudulently claim your money.

After you’ve completed the process, you can get online updates about where your claim stands on the state’s website.

Tips to Prevent Your Money from Becoming Unclaimed Again

While it’s great that you can regain possession of your financial assets, it’s best to ensure that the state doesn’t come into possession of them in the first place. By following some simple habits, you can make sure that your financial assets are always in your contract.

First, make sure that your contact information is always up to date. Many unclaimed property cases occur because the business that holds them simply is unable to reach you.

You should regularly check-in on old financial accounts and insurance policies so they don’t become inactive or abandoned.

It’s also a good idea to conduct a quick annual search of the state’s unclaimed funds site so you can catch newly-reported funds quickly.

When You Might Need Legal Help

The state’s unclaimed funds process is simple. In some cases, though, you may need additional support from an experienced Michigan lawyer.

For example, large claims or those that involve estates can get quite complicated. These often require providing legal documents to the state that prove your authority over the unclaimed funds.

An attorney can also help challenge any incorrect denial or clarify ownership issues over the financial assets. By get the property legal support, you’ll be ensuring that your claims are processed quickly and properly.

Final Thoughts: Unclaimed Money in Michigan is Easy to Recover

Millions of cases of unclaimed funds are held by the state of Michigan. Luckily, a simple online search and providing basic documents and information is all that most residents need to reclaim forgotten funds.

Most people will be able to use the state of Michigan’s official search tool to find their unclaimed funds and claim them fast. It’s a completely free tool to use and is simple to understand.

You can speed up the process and ensure proper and prompt delivery of your funds by preparing ahead and gathering the necessary documents. Then, by following small habits, you can ensure your money never gets “lost” again.

If you need assistance with more complicated unclaimed funds cases, enlist the help of the lawyers at Babi Legal Group. We have years of experience helping residents prove their authority over unclaimed funds in Michigan and can help you do the same.

Contact us today to learn more.

What Happens to My EIDL Loan if My Business Closes?

During the COVID-19 pandemic, the Small Business Administration (SBA) rolled out an expansion of an existing loan program meant to help small businesses that were suffering financially from a disaster.

Known as Economic Injury Disaster Loan (EIDL) loans, the program provided much-needed financial support to business owners who were struggling as a result of the pandemic. 

While EIDL loans offer favorable terms including low interest rates, high limits and longer repayment periods, they do have to be repaid — unlike the other popular SBA loan program from the time, the Paycheck Protection Program (PPP).

Some small businesses continued to struggle despite taking EIDL loans, and some even had to shut down.

But, closing your business does not automatically erase your EIDL loan. As such, it’s vital to know how the SBA responds in these situations.

Does the SBA Automatically Discharge the Debt?

Borrowers who are still struggling to fully recover from the pandemic need to know how financial hardship factors into the SBA’s collection decisions.

EIDL loans  are not automatically discharged just because a business folds. Like many other types of loans, there is no loan forgiveness associated with this program.

In fact, some borrowers are personally liable for the amount they borrowed, depending on how large the loan was.

If you close your business, the SBA will evaluate several factors to decide whether they want to pursue the outstanding balance on your loan. This includes things such as the amount you borrowed, what collateral you put down (if any) and any personal guarantee you were forced to sign. 

Are You Personally Liable for the EIDL Loan?

It’s very important to understand personal liability because it can determine whether your own personal finances, and not just the business’, are exposed if you can’t repay. 

For EIDL loans, your personal liability likely depends on the total amount of the loan you took. 

For loans of $200,000 or less, the SBA typically didn’t require borrowers to put a personal guarantee on the loan. This might limit your personal liability, depending on your loan agreement.

Larger EIDL loans of more than $200,000 almost always involve personal guarantees and/or collateral. This means that the SBA has the legal right to pursue you personally for repayment of any outstanding balance.

What Happens if You Stop Making EIDL Payments?

Similar to how other loans work, if you miss an EIDL repayment, it can trigger a structured federal collections process. Understanding the details of this process is crucial — before the default occurs — so you can know your rights.

As a government agency, the SBA is required to follow a multi-step process once repayments are missed. This includes sending notices of missed payments to borrowers to formally filing default.

Defaulted SBA loans can be sent to the Treasury Department, which has the power to seize tax refunds and certain federal payments. In other words, they can prevent you from getting a tax refund in order to collect the money that you owe them.

Depending on your loan and whether you put a personal guarantee on it, the government may be able to place a lien on your assets such as vehicles and your home even after your business closes.

Options if You Cannot Pay Your EIDL Loan

So, what happens if you are having trouble repaying your EIDL loan?

Until early in 2025, the SBA offered the Hardship Accommodation Plan (HAP), which allowed borrowers to temporarily reduce their payments. However, this program is no longer available.

Luckily, there are several relief paths available, so understanding them will help you choose the best strategy for your financial situation.

One option could be loan modification. Sometimes, the SBA will adjust the repayment terms, extend your repayment timelines or reduce your monthly obligations based on need.

Borrowers who are facing severe financial hardship might qualify to settle their loan for a reduced lump sum. The SBA will evaluate each application for an offer in compromise (OIC) on an individual basis.

If none of those options are viable for you, it’s possible that filing for bankruptcy could eliminate your personal liability tied to EIDL loans, or allow you to restructure it — depending on what type of bankruptcy you file.

Can EIDL Loans Be Discharged in Bankruptcy?

How EIDL loans are treated in bankruptcy varies from one case to the next. So, understanding what can and cannot be discharged is essential before you file.

Chapter 7 bankruptcy, designed for individuals, may eliminate personal liability on EIDL loans if you meet certain qualifications.

Through Chapter 13 bankruptcy, you can reorganize your debts, including any EIDL-related liabilities, through a repayment plan that you can afford.

Chapter 11 or Subchapter V bankruptcy are made for businesses. They are both reorganization bankruptcies, and could help if your business has any remaining assets or debts tied to your EIDL loan. 

Depending on the type of bankruptcy you file, as well as your overall financial picture, you may have to surrender collateral or negotiate in order for your outstanding loan to be fully discharged.

How Lenders and the SBA Treat Closed Businesses

After a business closes, the SBA has specific expectations for outstanding EIDL loan amounts. Meeting those expectations can help borrowers reduce potential financial consequences.

Once a business has closed, the SBA requires certain documentation, including dissolution records, a list of assets, recent tax returns and other proof that verifies the business is no longer in operation.

Dissolving your LLC, corporation or other business entity the right way can help to prevent unexpected administrative issues and future liabilities. 

By following recommended legal steps, you can minimize the risk of future disputes or collections.

When You Should Speak with a Michigan SBA Loan & Bankruptcy Attorney

If you are facing trouble repaying your EIDL loan, it’s important to consult with a local attorney who can help you navigate the complicated SBA processes and protect your personal finances in the meantime.

Some common signs that you should seek legal help immediately are if you’ve been threatened with a Treasury offset, if aggressive collection efforts have begun, and/or you have overwhelming debt that you can’t control.

Experienced attorneys can negotiate with the Treasury or SBA, securing you better terms, lower settlements and even protection through bankruptcy strategies. 

It’s very important to seek out an attorney who’s familiar with the Michigan court system in addition to the SBA processes, as they can provide more effective guidance that’s tailored to local laws.

Final Thoughts: You Have Options, Even if Your Business Didn’t Survive

Losing a business can be very difficult, but you still have several legal paths that can protect your financial future. From modifications to settlements, there are many different ways you can reduce or eliminate any debt burdens you still have.

It’s important to be proactive and take strategies that will minimize your risk and safeguard your income and personal assets.

At Babi Legal Group, our experienced attorneys can offer expert legal support designed to help Michigan borrowers navigate EIDL challenges with confidence.

To learn more, please contact us today.

Understanding SBA Judgments: From Default to Foreclosure to Asset Seizure

The Small Business Administration (SBA) offers a wealth of information, resources and support services to small business owners throughout the country. One popular program that they offer is a loan guarantee, which gives borrowers favorable loan terms and an easier chance to qualify for much-needed financial assistance compared to going directly to private lenders.

While these programs are meant to help small business owners, they are still loans that need to be repaid. If borrowers have trouble repaying the loans, they can face potentially serious consequences.

For instance, defaulting on an SBA loan can lead to foreclosure and seizure of certain assets — both business and personal if the borrower provided a personal guarantee.

Below, we’ll describe the SBA judgment process in further detail.

Introduction to SBA Loans

The SBA offers two main types of loan programs. 

The first is a guarantee program in which the federal agency works with private lenders and insures up to 85% of the loan. This guarantee allows the private lenders to offer small business owners favorable loan terms so they can get the money they need to fund different aspects of their business operations.

The other type of loans the SBA offers is a direct loan program, such as the Economic Injury Disaster Loan (EIDL), which became very popular during the COVID-19 pandemic. These loans were provided directly to borrowers from the SBA, and were meant to provide assistance for small business owners who were located in a declared disaster zone and suffered economic injury as a result of a disaster — in this case, the pandemic.

All SBA loans, regardless of the type, are an essential part of the small business financing process. They help new companies set up and get established, and they also help existing companies grow. 

And, as mentioned, SBA loans can serve as a lifeline to small businesses that are facing significant financial losses and challenges due to life-changing events.

Defaulting on SBA Loans

While SBA loans have different eligibility requirements and loan terms than those obtained directly through private lenders without the federal government’s support, a vast majority of these loans still need to be repaid.

For example, even the EIDL loans had to be repaid by borrowers, which is different from the Paycheck Protection Program (PPP), which offered borrowers the opportunity to convert their loans to forgivable grants if they met certain requirements.

Default on an SBA loan typically occurs after a borrower has missed payments by 120 days. Borrowers who are experiencing operational setbacks, cash flow issues or other financial challenges can pursue options for assistance, including loan restructuring and payment deferments, or even an Offer in Compromise (OIC) to help them improve cash flow and manage payments.

Ultimately, though, if the borrower is unable to meet their repayment obligations and/or come to an agreement on alternative assistance, the lender has the right to sue the borrower to recover the outstanding balance. 

During that process, the SBA can seize any collateral that was used to secure the loan, such as business equipment or inventory. That collateral is then typically sold, with the proceeds being used to repay the outstanding balance.

Borrowers who are dealing with a potential SBA loan default may be able to gain some relief through bankruptcy, which can protect them from litigation and wage garnishment.

All of this goes to show just how important effective management of defaulted SBA loans is. To do it properly, a borrower must be proactive in their communication with the lender, negotiate properly and conduct thorough financial planning.

Foreclosure and Asset Seizure

Foreclosure on an SBA loan could result in the business losing assets, which can be used to repay the outstanding amount of the loan. In many cases, this is business equipment, inventory and real estate the business owns.

In some cases, the SBA may also seize the personal assets of the borrower, such as their cars or home, if the borrower had to sign a personal guarantee to secure the loan or the SBA was able to pursue a lawsuit where it was successful in piercing the corporate veil to bypass the company entity and pursue the shareholder and/or member. 

Asset seizure is a serious thing, and it can have significant negative consequences not just for the business but for the borrower as well. This includes damage to the business’ credit score and reputation, a loss of assets and even damage to a borrower’s personal credit score and loss of assets.

All lenders that participate in these loan programs have to follow strict SBA guidelines when foreclosing on a property or seizing assets, and borrowers have the right to contest these processes.

In addition, borrowers may be able to take advantage of some SBA relief options, including forbearance, loan modifications or settlements, which are designed to help businesses avoid foreclosure and any possible asset seizure.

Role of SBA Loans in Business

SBA loans play a critical role in supporting small businesses throughout the country. They provide them with access to capital they might not be able to access otherwise, which they can use to support their growth and development.

There are many different loan programs the SBA provides, with the 7(a) and 504 loans being two of the most popular. Each program the SBA offers caters to different business goals and needs.

The great part about SBA loans is they can be used for a wide variety of purposes, including starting or expanding a business, refinancing debt, or purchasing inventory and equipment.

In addition to loan programs, the SBA provides support and resources for small businesses, including mentorship programs, training and counseling — both online and in-person.

Small business owners can make informed decisions about what financing options are available to them, and which loan program would best suit their needs, by understanding the role that the SBA plays.

Avoiding Default and Foreclosure

Borrowers who are having trouble meeting their repayment obligations need to prioritize communication with their lender if they want to avoid default and foreclosure. By communicating their needs directly to the lender as early as possible, borrowers might be able to negotiate to receive modified loan terms, including a new repayment schedule or even lower interest rates.

First and foremost, borrowers must understand all the conditions of terms of the loan. This will help them make the best decision possible as well as know what options are available to them.

To ensure the long-term success of the small business, borrowers also need to conduct effective financial planning and cash flow management.

Of course, there are times when financial troubles occur despite detailed and meticulous planning. That’s why the SBA offers resources and support to small business owners that can help them avoid default.

Liquidation and Repayment

If default on an SBA loan were to occur, the SBA and the lender could pursue liquidation, which is the sale of business assets to repay the outstanding loan amount. 

The federal agency could force borrowers to liquidate their assets, in certain circumstances, such as business inventory and/or equipment. Proceeds realized from those sales would then be used to satisfy the loan.

The SBA might offer some relief options, though, such as loan settlements or modifications. It also may be possible to negotiate a modified repayment plan directly with the lender to avoid default and liquidation.

Again, this is why communicating with the lender is so important for borrowers who are having trouble meeting their repayment obligations.

Conclusion and Next Steps

SBA loans are crucial for many small businesses, providing them with access to capital and financing they might otherwise have a hard time obtaining. If a borrower isn’t able to meet their repayment obligations, though, they face significant potential consequences, such as default, foreclosure and asset seizure.

That’s why it’s important to understand all of your options if you’re facing default on an SBA loan, such as bankruptcy. It can be a complicated process, though, which makes consulting with an experienced bankruptcy attorney so crucial.

At Babi Legal Group, our team has more than 15 years a decade of experience with bankruptcy, business, debt collection and debt settlement law, and can provide you with expert advice, guidance and consultation.

To learn more, please contact us today.

What Happens to Business Equipment and Inventory in an SBA Foreclosure?

 

The Small Business Administration (SBA) provides various guidance, support and tools to help small businesses throughout the country succeed. The federal agency also offers loan programs with favorable terms to provide much-needed funding to small business owners.

Borrowers must repay these loans, just like other private loans they get, or they could face collection consequences from the SBA. Should a borrower default on their loan, the SBA can pursue foreclosure and attempt to recoup their lost money by taking collateral from the business.

Below, we’ll discuss what happens to business equipment and inventory in an SBA foreclosure.

Introduction to SBA Foreclosure

The SBA foreclosure process is a structured series of steps that lenders have to follow if a borrower were to default on a loan that is backed by the SBA. The first step of the process is the lender sending a formal default letter to the borrower that outlines the payments that have been missed and the potential consequences if they don’t resolve the debt.

If the borrower still isn’t able to pay back the outstanding debt, then the lender can pursue other options, such as the seizure and sale of certain  assets that were pledged as collateral to secure the loan. This could include inventory, business equipment and other types of property.

Some lenders may seek to have a receiver appointed to manage the assets and/or liquidate them.

The goal of the entire SBA foreclosure process is to ensure that the outstanding debt is satisfied reasonably, which includes balancing the interests of the borrower and the lender. 

The SBA guides the foreclosure process carefully, which ensures that all parties have the opportunities to address the outstanding debt before any assets are sold.

Understanding an SBA Loan Default, Foreclosure and Federal Tax Lien

When a borrower defaults on a loan that’s backed by the SBA, the private lender that gave the money — typically a bank or other financial institution — can seize any assets that were used as collateral. This inventory, business equipment or other property helps to satisfy the obligations that the borrower can’t meet. 

As mentioned, the process is very structured to ensure fairness to all parties involved, and it typically begins with a formal default notice. Only after the borrower has been given a chance to satisfy the outstanding debt can the lender move on to seize secured assets to recover their lost money.

From the borrower’s perspective, defaulting on a loan can have severe consequences. It can lead to the business and borrower’s credit dropping considerably, and could result in business and personal assets being seized, too. 

Even after assets are seized and sold, the borrower still may be legally liable for any unpaid debt that remains, as well as litigation and legal fees. 

Identifying Assets and Liens in an SBA Foreclosure

In an SBA foreclosure, the most common forms of assets that are at risk are business equipment and inventory. That being said, cash and accounts receivable could also be subject to seizure and liens. 

Financial institutions and other businesses can even establish liens on property, and vehicles are often included as collateral, meaning they can be seized and sold during foreclosure sales. This is why it’s vital for borrowers to understand exactly what assets are listed as collateral on their loan. 

A federal lien serves as an official claim made by the government for unpaid taxes, in most cases. If one is present, it can complicate the SBA foreclosure process even further.

In such a case, courts might get involved to enforce liens and determine the priority of claims, as some liens take priority over other outstanding debt in the event of a business sale.

Another type of lien is a mortgage lien, which is held by a lender or financial institute to secure their interest in a property that’s being financed. Should the borrower not pay their taxes, for example, the IRS can issue a federal tax lien.

The official foreclosure action would then determine which liens have priority so that process from the sale of the property can be distributed properly.

How the Financial Institution Handles the Foreclosure Process

In any foreclosure process, the bank or financial institution serves as the primary point of contact for the borrower — even if they have a loan that is backed by a federal government agency such as the SBA. 

The lender is the one that must initiate the foreclosure process once a payment default occurs, though they must follow the specific rules and procedures for foreclosure.

Once a notice of default has been issued, the lender can begin the process of seizing possession of any collateral should the borrower not be able to meet their payment obligations. The lender will also arrange for the sale of these assets, with the proceeds being applied to the outstanding debt.

Superior liens must be paid off first after the sale of assets. This means if there are any outstanding federal debts or secured debts, they must be paid off first before the proceeds can be applied to the balance of the SBA loan. 

Key Legal and Financial Considerations in an SBA Foreclosure

If you are having trouble repaying your SBA loan, there are ways to avoid foreclosure and the impact that it can have on your credit, personal finances and business outlook. 

First, make sure that you communicate openly with your lender. Sometimes, the lender will work with you to come up with an alternative plan or loan modification to address the debt. 

Even the IRS may offer you options for resolving tax liens, including settlements or payment plans. If you’re facing a complex tax issue, it’s best to seek assistance from a legal tax professional. 

It’s also advisable for borrowers to seek legal advice during foreclosure, as the potential for litigation is high. An experienced attorney can help you understand what your rights are, as well as the legal provisions of your loan.

For instance, you have a right to contest your seized property in court before it is officially taken and sold.

In some cases, you may be able to address outstanding debt and defaulted loans through bankruptcy. As part of this process, the SBA might purchase the loan from the lender, and your loan can be transferred to liquidation status before further legal actions are taken.

This can be quite a complex process, though, so it’s best to consult with an experienced bankruptcy attorney.

Protect Your Rights in SBA Foreclosure with an Experienced Attorney

SBA foreclosure can have significant negative consequences to small business owners. Not only can their business assets be at risk, but their personal finances and assets could also be subject to seizure and sale.

If you’re having trouble repaying your SBA loan and are facing default, it’s best to consult with an experienced attorney who can help protect your rights.

The legal team at Babi Legal Group has more than 150 years of experience in business, debt settlement, debt collection and bankruptcy law. We can advise you on the best options for you and help you navigate the complex SBA foreclosure process.

To learn more, please contact us today.

Using Chapter 7 Bankruptcy to Stop SBA EIDL Collections Effectively

 

The Small Business Administration (SBA) provides Economic Injury Disaster Loans (EIDL) as a way to help support small businesses affected by disasters. While this loan program has been around for a while, it soared in popularity during the COVID-19 pandemic, when the federal government essentially made it available to all small businesses in the country.

These loans offer small businesses financial relief to help them recover from economic losses suffered as a result of disasters. To be eligible for EIDL loans, small businesses must be located in a declared disaster zone and also prove they suffered economic injury as a result of that disaster.

Small businesses are able to use the funds from the loans to cover operating costs, including utilities, rent and payroll.

Unlike some other popular SBA loan programs, EIDL loans must be repaid in full, though they often come with favorable loan terms. If you can’t repay the loan, you are at risk of professional and even personal liability.

In this article, we’ll discuss what happens in this case, as well as how to use Chapter 7 bankruptcy to stop SBA EIDL collections effectively.

Personal Liability and Guarantees

Whether a borrower is personally liable for EIDL loans depends on how much money they borrowed. 

Loans that were less than $25,000 are essentially unsecured loans, as they don’t require collateral or a personal guarantee. Loans that are between $25,000 and $199,999 typically require borrowers to put up collateral to secure the loan.

For EIDL loans that are $200,000 or more, the SBA typically requires collateral as well as a personal guarantee from any person who owns at least 20% of the business. What this personal guarantee does is put your personal assets and finances at risk should you fail to repay the loan, even if the business were to close.

As such, a personal guarantee increases a borrower’s responsibility for the SBA loan repayment, and it can even lead to collection efforts against your personal assets.

Before you can take action to protect yourself from collection, it’s important to understand what your personal liability is. This is an essential first step before filing for bankruptcy so you and your advisors can determine what the best course of action might be.

Secured EIDL Loans and Blanket Liens

As mentioned, any EIDL loan of $25,000 or more typically requires collateral to secure the loan. This can be any physical asset such as property, equipment or some other business asset that has value.

If a borrower is unable to repay an EIDL loan, the SBA has the option of issuing what’s known as a blanket lien. This gives the federal agency a security interest in all of the borrower’s assets, and could allow them to seize assets and sell them to repay the outstanding loan amount.

These blanket liens give lenders maximum protection against the money they lend, but don’t offer much protection at all to borrowers, who could be at risk of losing all of their pledged assets should they default on the loan.

This is why all borrowers need to carefully review the security agreement and fully understand all the terms of the loan, including blanket liens, before signing off on a loan.

Collection Efforts and Bankruptcy

Just like private lenders, the SBA has the power to pursue collection efforts against any borrowers who default on EIDL loans. This includes a potential foreclosure and seizure of business and potentially personal assets.

Borrowers who find themselves in this situation can file for Chapter 7 or Chapter 13 bankruptcy, though. This can stop collection efforts by the SBA, including wage garnishments and lawsuits, through what’s known as the automatic stay.

This procedural move gives borrowers temporary protection so that they can reorganize and/or liquidate their assets without creditors interfering in the process. 

Before taking any action, it’s best to consult with an experienced bankruptcy attorney to determine the best path forward for your specific circumstances, as bankruptcy takes more than a one-size-fits-all approach.

Dischargeability of Business Loans

Many SBA loans are dischargeable in bankruptcy, and that includes EIDL loans. That being said, there are exceptions that exist that you need to be aware of.

For instance, embezzlementnegligence, misrepresentation and fraud are all things that could stop an EIDL loan from being discharged. In rare cases, the SBA may also challenge the discharge of a loan.

To determine whether your SBA loan is dischargeable through bankruptcy, you should fully review all loan documents and terms. Since this can be challenging for non-experts, it’s always advisable to consult with a seasoned bankruptcy attorney, which will ensure you get the best outcome possible.

Alternatives to Bankruptcy for EIDL Loans

Of course, bankruptcy isn’t the only option if you are having trouble repaying your SBA loan. Some alternatives do exist, such as negotiating directly with the SBA or considering debt restructuring.

Another possible option is what’s known as an offer in compromise (OIC), which might be available if you’re unable to repay the full amount of the loan, however, this is not yet an option for EIDL loans issued by the SBA. 

Before determining what the best option for you is, it’s best to review your full financial picture and weigh all of your options. Consulting with a bankruptcy attorney and possibly even a financial advisor is a good idea, too, so you can get some outside, unbiased, expert advice on the matter.

Conclusion and Next Steps for SBA Loans

If you’re struggling with SBA loan debt, you need to investigate your options and seek professional advice so you can protect your personal assets as much as possible. Bankruptcy could provide a fresh start for you, but you need to carefully consider the consequences of doing so and any possible alternatives.

Consulting with an experienced and reputable bankruptcy attorney can help you navigate the complex bankruptcy process and ensure the best possible outcome for your specific circumstance.

At Babi Legal Group, we have more than 15 yearsa decade of experience in business, bankruptcy, debt collection and debt settlement law. We can review your case and help you get the outcome that is best for you, your family and your business.

To learn more, please contact us today.

The SBA is Suing Me After My Business Filed for Bankruptcy: What Do I Do?

 

The Small Business Administration (SBA) offers advice, counseling, support and even special loan programs to help small businesses across the country succeed. These loans are designed to provide financial help to small businesses that want to purchase equipment, real estate and fund other needs, but when borrowers are unable to repay their loans, the SBA has the authority to take action.

In fact, the SBA can sue businesses and any personal guarantors that default on SBA-backed loans, and that can present a complex and challenging process for small business owners. Understanding the process of an SBA lawsuit is critical for businesses to navigate and resolve any issues effectively.

Below, we’ll discuss what you should do if the SBA is suing you after your business filed for bankruptcy.

What Are SBA Loans?

The SBA provides loans and guarantees on loans so that small businesses can obtain favorable terms on financing. These loans can be used for the purposes stated above and also for the acquisition or construction of buildings, or to purchase fixtures, machinery and other physical assets that are essential to operations. 

The lending process can vary depending on the type of loan program, but it typically involves experienced lenders and authorized offices that provide funds to small business owners. 

While many exceptions are made with SBA loans to provide these favorable terms, they still require careful management to avoid default and a possible SBA lawsuit.

Understanding Bankruptcy and Debt

Small businesses that are struggling  with debt may receive some financial relief through bankruptcy, but it can also trigger an SBA lawsuit within the bankruptcy case, or against the personal guarantors as the bankruptcy would not protect any personal guarantor.  In many instances, when the business files bankruptcy, a personal bankruptcy may also need to be filed to obtain bankruptcy protection. This is why it’s so important that borrowers educate themselves on their debt obligations and explore all options for managing their debt, including restructuring or refinancing.

To avoid complications and ensure compliance, you need to do everything in the correct order. The SBA also provides support and resources for small businesses struggling to make repayments, including education on debt management and financing. 

Personal Liability and SBA Guarantees

Some SBA loans come with personal liability and guarantees. In fact, most loans through the agency require small business owners to provide a personal guarantee that is secured by real assets.

This essentially means if the business is unable to repay its loan, you will could be personally responsible for covering the outstanding balance. In this case, your personal finances and assets could be impacted significantly.

The SBA is in the business of helping small businesses. The loan programs they offer are essentially guarantees to the private lenders who offer them, as they repay a percentage of any uncollectable debt should a borrower default.

This doesn’t mean that you’re off the hook, though, if you can’t afford to repay an SBA-backed loan.  However, it may present an opportunity to seek a settlement with the lender and the SBA collectively to obtain relief, through what is known as an “Offer in Compromise”.

SBA Lending Practices

The SBA has a network of authorized lenders such as credit unions, traditional banks and other financial institutions. They work with these private lenders to offer small business owners favorable loan terms in exchange for a guarantee on a portion of the loan from the federal government. 

The SBA also has a keen focus on supporting small businesses in underserved markets, such as women-owned and minority-owned businesses.

Understanding how the SBA’s lending process works and what the requirements are is essential to navigate everything successfully.

Protecting Personal Assets

As you can see, protecting your personal assets should be a top priority when you take out a loan for your business. Perhaps the most effective way to do so is by keeping your business and personal finances separate.

This includes establishing a formal business entity, which can provide a layer of protection for your personal finances and assets.  However, the SBA may still require you to pledge real or personal assets as collateral to obtain the loan, subjecting them to seizure or foreclosure upon default. 

It’s also a good idea to work with a skilled attorneyfinancial advisor to help you navigate the lending process, and to ensure you’re doing all you can to safeguard your assets. These experienced professionals can help guide you through the entire process, providing you with advice on the best ways to minimize personal risk. 

Being proactive in this way can help you access the funds you need for your business while reducing the likelihood that your personal assets will be at risk should you face financial challenges.

Timeline and Process of SBA Collection Actions

Before you take out an SBA loan, it’s important to understand the collection process. As with any loan, you are required to make timely payments according to the terms of the loan.

If you don’t, the lender will likely first notify you of default and outline the steps you need to take to bring the loan current. This serves as a way for you to address issues before they take further action.

If at this point you can’t resolve the default, then the private lender can file a claim with the SBA to recover the portion of the loan the agency guaranteed. After the SBA determines what amount, if any, they repay the private lender, the agency can then pursue additional collection actions against you should the debt remain unpaid.

This includes referring you to a collection agency or filing a lawsuit. Every step of the process involves specific deadlines and actions you must take, so it’s essential that you work with your lender and respond promptly to explore all options. 

Responding to the Lawsuit

If the Lender and/or the SBA files a lawsuit against you, you should carefully consider every aspect of it and engage in strategic planning to minimize any potential damages. Seek legal counsel with professionals experienced in handling SBA lawsuits so you can achieve the best possible outcome. 

They can help you understand what the SBA’s claims are, while also reviewing loan documents and preparing an effective defense strategy. 

Small Business Considerations

If you want to ensure long-term success of your business, and protect your personal assets, you must consider the potential impact of an SBA lawsuit on your business finances, operations and reputation. The lawsuit can affect your ability to secure new funding, access credit and even attract investors.

This is why it’s so important to communicate with your lender, the SBA and all other stakeholders to resolve the issue. You can also explore alternative financing options to support your business operations during the lawsuit. 

Exploring Options for Resolving Debt

An SBA lawsuit doesn’t mean you can’t explore other options for resolving the debt you owe, including coming to a settlement, negotiating with the agency or doing mediation. In fact, the agency may be willing to work with you to provide temporary relief or even restructure the loan.

Part of this resolution process could involve providing documentation and financial information to support your case, so make sure you have that information prepared.

Alternatives to Litigation

In many cases, lenders are willing to work with borrowers to find solutions to outstanding debt so everyone can avoid the courtroom. For example, you might be able to negotiate a new payment plan or request a loan modification so your payments are more manageable.

You might even be able to apply for an official SBA loan restructuring to reduce the overall amount of your outstanding debt or to provide you with temporary financial relief. 

An experienced debt collection and settlement attorney or financial advisor can help you understand all the options you have. Many can even work directly with your lender to develop a plan that fits your needs and avoids the expense and stress associated with litigation.

It’s important to take action early and explore alternatives to preserve your credit, grow your company and protect your business and personal assets.

Next Steps and Conclusion

If you’re facing an SBA lawsuit, it’s important to take immediate action to respond and explore all options for resolving the debt. While the SBA lawsuit process can be challenging and complex, you can navigate through issues effectively with the help of experienced legal counsel.

At Babi Legal Group, our attorneys have over 15 years of combined experience in business, debt collection and debt settlement law. We can provide you with expert advice on navigating an SBA lawsuit, protecting your business and personal assets through the process.

For more information, contact us today.

Facing an SBA Loan Default: How a Lawyer Can Help You Avoid Property Seizure

The Small Business Administration (SBA) provides guidance and support to small businesses throughout the country in a number of ways. In addition to having advisers on hand to offer expert advice to small business owners, the federal agency also sponsors many different loan programs.

One of the biggest advantages of SBA loans is that they offer competitive interest rates and longer repayment terms than other types of loans available to small business owners.

These loans are originated and guaranteed by the federal government, with the SBA insuring as much as 85% of the loan balance through either local private lender partners or through direct SBA loans such as the Economic Injury Disaster Loan (EIDL).

Just like other loans, though, there are terms borrowers must abide by. This makes understanding all the conditions and terms of SBA loans crucial for borrowers so they can avoid default and potential tax debt.

Yet, ongoing economic changes could make it difficult for small business owners to repay their SBA loan debt, which could lead to potential default.

We’ll discuss this topic in more detail below, and outline how a lawyer can help small business owners avoid property seizure if they’re having trouble repaying their SBA loan.

Consequences of Default

Default happens whenever a borrower isn’t able to meet their repayment obligations on an SBA loan they took. If this were to happen, the small business owner could face severe consequences.

Once SBA loan default occurs, lenders can start debt collection efforts. This includes seizing any collateral that was used to secure the loan in the first place, such as equipment or real estate.

Generally speaking, the collect process will follow specific outlined protocols to recover the proceeds of the loan, as the lenders try to recoup any losses they might incur from the SBA loan not being paid back.

If you were to ignore a demand letter that the SBA sends during the default process, it can lead to your account being transferred to the U.S. Department of Treasury, which could result in a large potential tax liability and additional collection fees.

Understanding SBA Loan Default

So, what constitutes SBA loan default? In essence, borrowers who don’t abide by the terms of their loan or a modified loan, including missing payments repeatedly, are considered to be delinquent, which could eventually result in them being officially labeled as in default status.

Before you are actually transferred into default status, your loan will be considered delinquent once you miss payments. Your lender and/or the SBA will contact you to demand that you make repayments according to the terms of your loan.

In most cases, default of an SBA loan will occur after about three or four months of missed payments without any contact between you and the lender. During that time, the SBA will usually try to collect the outstanding debt via various means.

While the SBA guarantee that is placed on these loans will protect private lender partners from absorbing the full loss of defaulted SBA loans, borrowers still face significant financial penalties and hardship should they default.

Tax Implications

There are serious potential tax implications to defaulting on an SBA loan. This includes accumulating tax liability and debt for the business owners themselves.

For instance, if you default on an SBA loan, the IRS has the authority to withhold any tax refunds or government benefits to collect on the debt. They may also take direct legal action such as filing a lawsuit to recover the outstanding SBA loan debt.

That’s why it’s so important for business owners to consider this potential tax liability, as well as their own personal income tax situation, when faced with SBA loan default. Doing so will help you navigate what can be a very complicated process so you can avoid even deeper financial hardship.

Compromise Program

Depending on your specific situation, there may be options available to you to avoid default if you’re having trouble repaying your SBA loan. One such potential option is called the offers in compromise program, which can provide assistance to financially distressed taxpayers who can pay a reasonable portion of their outstanding tax debt.

This program may provide an alternative to bankruptcy and can help small business owners resolve outstanding tax debt so they can avoid more financial hardship.

The SBA typically only considers these offers in compromise (OIC) if borrowers meet certain qualifying criteria. Some states also have additional criteria that they will weigh when making a determination.

For example, in New York, the state will consider whether accepting an offer in compromise will be in the best interest of both the state and its taxpayers. In other words, even if you do meet the other criteria, your offer may not be accepted.

Offer in Compromise

The OIC program allows certain small business owners to settle their outstanding SBA loan debt for less than the total amount they owe. It requires the borrower to provide both proof of the financial hardship they are facing as well as their inability to repay the loan within a reasonable period of time.

One requirement of the OIC is that the business must close as well as go through asset liquidation to reduce their outstanding debt.

This is obviously a serious step to take, which is why having an experienced business attorney on your side is so beneficial. They can assist you with drafting and submitting an OIC to the SBA, and helping you gather all required supporting documentation including detailed financial information.

The OIC process can be very complex, but it is a potential solution if you’re facing significant financial challenges and potential default on an SBA loan.

SBA Loans and Default Prevention

As you can see, preventing default on an SBA loan is critical if you want your small business to survive. This is why taking early action is so crucial in helping you manage and/or avoid missed repayments.

There are many strategies available that can help you address repayment difficulties you may be having before a default would occur. This includes re-evaluating your business finances and reaching out directly to your lender to investigate other options.

By proactively managing the repayments of your SBA loan, you can protect your business credit. Communication with your lender is a key aspect of this process, as it can help you avoid defaulting and taking on additional tax debt.

Small business owners who want to prevent SBA loan default should explore any alternative repayment options and seek professional assistance from an experienced bankruptcy and/or financial adviser.

Conclusion and Next Steps

Facing potential SBA loan default can be very challenging for small business owners. Understanding the consequences and options of default is crucial to navigate the complex process successfully.

If you’re facing default, consider seeking professional assistance, such as the experienced lawyers at Babi Legal Group, to help you resolve your SBA loan debt and avoid property seizure.

The compromise program and an OIC are potential solutions, but you need to investigate them further with an expert. By understanding what options you might have and taking proactive steps, you can work to resolve SBA loan debt and avoid further financial challenges.

The attorneys at Babi Legal Group have more than 150 years of experience in business, debt collection and debt settlement law, and can help guide you when trying to avoid SBA loan default. 

For more information, contact us today.

Understanding the SBA Hardship Accommodation Plan

 

During the COVID-19 pandemic, the federal government created new programs and expanded some already in existence to help people recover from economic loss they suffered. Small business owners were a big focus of these efforts, with two very popular loan programs being offered to them.

One was the very popular Paycheck Protection Program (PPP), which offered loans that could be converted into forgivable grants if the borrower used the funds for certain purposes and could prove they did so.

The other was the Economic Injury Disaster Loan (EIDL) program, which, while already in existence, was expanded considerably. Unlike the PPP program, these loans had to be repaid in full.

Borrowers who were having trouble repaying the loans did at one point have the opportunity to take advantage of the Hardship Accommodation Plan (HAP), though that is no longer available.

Below, we’ll discuss the HAP in more depth and what options borrowers have if they can’t repay their EIDL loan.

Introduction to Economic Injury Disaster Loans

The EIDL program is offered through the Small Business Administration (SBA). While it was available prior to the pandemic, it got expanded considerably during it. 

The expansion was done to essentially declare the entire country in a disaster zone, which by default made all businesses eligible to apply from a location perspective. That’s because in order to be eligible for an EIDL loan, the business had to be in a declared disaster zone, and suffered substantial economic injury as a result of that disaster.

The loan program is meant to help nonprofit organizations, small agricultural cooperatives and small businesses receive financial support if they suffered substantial economic injury due to the pandemic.

These loans provided a vital lifeline to small business owners who were affected by the COVID-19 pandemic, offering them long repayment terms and low interest rates. 

The SBA integrated various other programs to help borrowers manage their EIDL loan debt, including the HAP.

Eligibility and Application

To be eligible to receive assistance under HAP, borrowers had to have an existing EIDL loan and be experiencing temporary financial hardship still. What the plan did was allow borrowers to either defer payments or make reduced payments for a specific temporary period, which was meant to help them manage their debt while they were still trying to recover.

Business owners who were interested in applying to the HAP could either apply online through the SBA’s portal or contact the COVID EIDL Servicing Center directly.

The SBA made approval decisions on a case-by-case basis, after borrowers provided documentation that proved they were still experiencing financial hardship.  

COVID-19 EIDL Program Overview

During the COVID-19 pandemic, the EIDL program was expanded considerably to try to help small businesses that were struggling. In addition to the low-interest loans with long repayment periods, the program also offered other forms of assistance including some grants.

When the program was expanded, the SBA provided guidance on all the details of the program, including typical repayment terms, application procedures and eligibility criteria, among other things.

All of this information was available directly from an SBA center, the SBA’s website or one of the agency’s Resource Partners.

Managing Economic Injury Disaster Loan Debt

Even with the added financial support, many small business owners still had trouble recovering from the economic damage the pandemic caused. Part of those challenges was managing this newfound EIDL loan debt, especially as they were trying to adjust business operations or account for lower-than-expected revenues.

The SBA did offer many resources for borrowers in this situation, including mentoring and counseling about managing debt. 

As mentioned, the HAP was also available to many borrowers while the pandemic was still going on, to help provide them more temporary financial relief. However, that program expired in early 2025, meaning borrowers had to look elsewhere for relief.

Some borrowers may still have other options including debt settlement,  loan modifications and repayment plans, but there isn’t a one-size-fits-all solution to the issue.

That’s why it’s essential for small business owners to understand the full terms of their EIDL loans — including personal guarantees, repayment terms and interest rates — so they can know what they’re responsible for, what would happen if they default and what options might be available to them.

EIDL Assistance Options

While the HAP program is no longer available, the SBA still provides guidance and support for small business owners who are struggling to repay their EIDL loan. Many of the agency’s Resource Partners can provide mentoring and financial counseling.

The SBA also has an online portal that provides an easy and convenient way to manage EIDL loans, make payments and request various servicing actions. The COVID EIDL Servicing Center is also available for any borrowers who would like more direct assistance.

COVID EIDL Repayment and Forgiveness

The PPP was extremely popular because borrowers had the opportunity to convert the money they borrowed into a forgivable grant, as long as they used the proceeds for specific operational expenses. Unfortunately, this is not the case for EIDL loans.

These loans had to be repaid in full, including all related fees and interest rates. Borrowers who are having trouble repaying should investigate their options so they can avoid defaulting on the loan or having the loan charged-off.

Conclusion and Next Steps for COVID-19 Economic Injury Disaster Relief

The SBA’s Hardship Accommodation Plan was a great program that provided EIDL loan borrowers with a way to receive temporary financial relief if they were having trouble repaying their loan. Unfortunately, that program is no longer available, as it expired in early 2025.

Small business owners who are still having trouble repaying their EIDL loan should contact the SBA or loan servicer to find out whether they have any options to receive financial relief. This could include changing repayment terms or modifying the loan in a way that provides relief.

You may also want to consult with an experienced bankruptcy attorney if you have exhausted all of your options. The expert attorneys at Babi Legal Group have more than 150 years of experience in bankruptcy, business, debt settlement and debt collection law, and can provide you with the guidance you need to manage your EIDL loan debt if you are having trouble repaying.

For more information, contact us today.

Can Bankruptcy Discharge SBA EIDL Loans? What You Need to Know

 

The Small Business Administration (SBA) supports small businesses throughout the country in a number of ways. One example is the Economic Injury Disaster Loan (EIDL) program, which offers loans with advantageous terms to nonprofit organizations and small businesses affected by disasters.

The EIDL loans have not been around for a while, but became very popular during the COVID-19 pandemic, when the federal government said that every business throughout the country was located in a disaster zone.

The loan program was made available to qualifying small businesses, with the funds able to be used for working capital and other expenses.

With most repayment assistance programs now expired, borrowers who are having trouble repaying EIDL loans may have to consider filing bankruptcy to gain financial relief as the SBA is not offering any forgiveness. But, can bankruptcy discharge SBA EIDL loans?

We’ll examine that topic below.

COVID-19 and Business Challenges

EIDL loans provided critical financial support to small businesses that were affected by the COVID-19 pandemic. Most faced significant challenges seemingly overnight — from increased expenses to reduced revenue.

While the pandemic has ended, and so, too, have the financial relief programs that launched, some small businesses are still struggling to thrive.

The SBA and other government agencies make relief and support programs available frequently. So, make sure to understand the resources that are available to you to help your small business navigate the current economic environment.

Eligibility and Application

Small business owners who wanted to apply for an EIDL loan had to meet certain criteria. This includes being located in a disaster area, the definition of which was expanded to include the entire country during the pandemic.

Businesses also had to demonstrate that they suffered substantial economic injury as a result of the pandemic. 

To apply, the SBA required businesses to submit financial documents such as financial statements and tax returns during the application process, which could be done entirely online. The SBA then reviewed the documents to determine a business’ eligibility and how much they were willing to lend.

Personal Guarantee and Liability

Depending on the amount of the EIDL loan, the SBA could have required businesses to put up collateral to secure the loan. In fact, loans of $200,000 or more typically required business owners to put a personal guarantee along with the loan, which made them personally liable for repaying the loan.

Essentially, personal guarantees might put the business owner’s personal assets including their car or home at risk if the business defaults on repaying the loan. 

This is why it’s always important to carefully review all loan documents so you can understand your personal level of liability.

Loan Terms and Repayment

Many EIDL loans were unsecured loans, not requiring any collateral or personal guarantee. However, some required those extra steps if they were larger amounts.

One of the biggest advantages of these loans was that they had favorable loan terms. They had a fixed interest rate and a repayment term that could last as long as 30 years. 

Borrowers also didn’t have to start repaying the loan until one year after they received the money. Unlike loans from the Paycheck Protection Program (PPP), there was no option to have EIDCL loans forgiven.

Bankruptcy and Loan Dischargeability

Even after receiving EIDL loans, many small businesses continued to experience economic hardship. At one point, the SBA offered the Hardship Accommodation Plan (HAP), which provided temporary relief to these borrowers.

However, that expired in March 2025. Borrowers who are still having trouble repaying their loan might have options for loan modification, but bankruptcy could also be an option.

Like other debts, EIDL loans can be discharged in bankruptcy. The process it takes to do that and the outcome of it, though, depend on what type of bankruptcy you filed as well as your personal liability.

Personal liability for EIDL loans can be eliminated through either Chapter 7 or Chapter 13 banrkuptcy.  Chapter 7 bankruptcy can eliminate personal liability for EIDL loans, but there are certain eligibility requirements borrowers had to meet.

If you are considering bankruptcy to discharge EIDL loan debt, it’s best to consult with an experienced bankruptcy attorney to determine the best course forward. While bankruptcy can give you relief from some debt, you also should understand all the potential consequences of it as well as any alternative options you might have. 

Loan Settlement and Alternatives

In some cases, the SBA may have allowed borrowers to negotiate a settlement or modification of an EIDL loan. An experienced attorney or financial advisor can help you explore all available options to determine what the best course of action for you might be.

While bankruptcy might be the best choice, it’s still important to weigh all your options based on the potential benefits and consequences.

Business Closure and Loan Repayment

If a business closes as a result of financial difficulties, the owner still might be personally liable for the EIDL loan repayment, depending on the circumstances. If this is the case, the SBA could pursue collection actions, such as tax refund offsets and wage garnishment, to recover the outstanding balance.

Again, this speaks to the importance of fully understanding your obligations and repayment options you might have, even if your business no longer operates. Consider consulting with an experienced attorney or financial advisor to develop a plan for managing your debt and minimizing your personal liability.

Real Examples and Case Studies

Learning from what others have experienced can help you develop a strategy that works for you for minimizing liability and managing debt as a small business owner. Many people like you have gone through similar situations before, and they have much wisdom to share through these experiences.

Understanding practical implications and applications of EIDL loans as well as bankruptcy can help small business owners make informed decisions.

In addition, the SBA exists to help support small business owners. In addition to loan programs such as the PPP and EIDL, the agency provides guidance and resources to help them navigate through recovery.

Additional Resources

If you are having trouble repaying your EIDL loan, it’s best to reach out directly to the SBA for guidance on options available to you. There are local offices the agency runs, as well as a detailed website and a phone hotline where people can help.

It’s also a good idea to consult with financial advisors and experienced attorneys such as those at Babi Legal Group, who can provide you with expert guidance and support.

Our firm has more than 150 years of experience in business, bankruptcy, debt settlement and debt collection law. To learn more about how we can help you, please contact us today.

Can the SBA Take Your Home If You Default on an EIDL Loan?

During the COVID-19 pandemic, many small business owners took advantage of new financial support programs provided by the federal government. One such popular plan was the Economic Injury Disaster Loan (EIDL), which was run through the Small Business Administration.

The expansion of the EIDL program gave small business owners throughout the country access to funding to help them recover from economic injury they suffered as a result of the pandemic. 

Unlike the Paycheck Protection Program (PPP), EIDL loans had to be repaid. Still, some borrowers had trouble paying them back. While the SBA offered a temporary plan to ease the repayment burden, called the Hardship Accommodation Plan (HAP), that option has now expired.

So, are there any options left for borrowers who are struggling to repay their EIDL loan? We’ll take a look at that topic, and whether the SBA can take your home if you default on an EIDL loan, in this article.

EIDL Loan Basics and Eligibility

The EIDL program was created before the pandemic, but underwent significant expansion in early 2020. The federal government expanded the definition of a disaster zone when the pandemic began, essentially opening up the program to every small business throughout the country.

Before that change, small businesses had to be located in a region affected by a natural disaster.

Other requirements for EIDL loan eligibility included proving that the business suffered economic injury as a result of the pandemic, as well as other SBA qualifications.

EIDL loans of less than $25,000 didn’t require any personal guarantee or collateral. Loans between $25,000 and $200,000 required the business owner to put up business collateral to qualify, but not a personal guarantee.

Any EIDL loan of $200,000 required that the business owner put a personal guarantee associated with the loan.

COVID-19 EIDL Loans and Personal Guarantee

Depending on the amount of the EIDL loan, the borrower may have had to attach a personal guarantee to the money borrowed. This puts the personal assets of the borrower at risk should they default on the repayments.

Small business owners are not personally liable for certain business-related debts if the business can’t repay them. However, the personal guarantee essentially removes that protection. 

In other words, if the small business owner cannot make the repayments, then their personal assets such as their home could be in jeopardy.

This is why it’s very important for all borrowers to read through loan documents and ensure they thoroughly understand every aspect of them before signing on the dotted line.

EIDL Assistance and Loan Options

EIDL loans had to be repaid, unlike PPP loans, which had an option for loan forgiveness. The SBA did provide alternative options for EIDL borrowers who were having trouble repaying their loans.

The most popular program was the HAP, which offered temporary relief from payments for any borrower who could demonstrate they were still suffering economic injury. Unfortunately, that program expired in the early stages of 2025.

Still, there are loan modification options available for borrowers, which can be obtained by contacting the COVID EIDL Servicing Center. There also may be other options available through the SBA’s Resource Partners.

COVID EIDL Loans and Default Consequences

There are serious potential consequences for borrowers who default on a COVID-19 EIDL loan. This includes potentially losing business assets and having credit scores damaged.

The SBA also has the power to take servicing action against borrowers who default on their EIDL loans, which could include sending them to collections. If you were required to sign a personal guarantee on the loan, it could also mean that your personal assets are at risk.

All borrowers need to be aware of the specific risks of default for them, and seek assistance from either a financial advisor or the SBA directly if they need help.

Hardship Accommodation Plan and Loan Modification

When it was still available, the HAP provided temporary financial hardship assistance to borrowers in the EIDL program. Assistance included reduced payments and even deferment on payments for a temporary period of time. 

Even though that program has come to an end, borrowers still may be able to qualify for loan modification through the SBA or other partners. If this is an option you’d like to pursue, reach out to the SBA or your loan servicer directly.

Secured and Unsecured Loans

The SBA offered both unsecured and secured options through the EIDL program. Again, this was based on how much money the loan was for.

Secured loans are those that require collateral. These physical assets could be either from the business or even personal property. 

In most cases, secured loans offer more favorable loan terms, such as lower interest rates. Of course, the downside to them is that if you default on them, the assets you put up as collateral are at risk.

This makes it essential to understand what a secured and unsecured loan is, so that you can choose which option would fit your needs best.

Bankruptcy and Loan Repayment

Small business owners who are still struggling to repay their EIDL loans may consider filing for personal and/or business bankruptcy to discharge the loan obligation. This is especially true now that the HAP and other alternatives are no longer easily available.

Before filing for bankruptcy, it’s best to consult with a financial advisor or experienced bankruptcy attorney to figure out what’s best for you and the business.

Bankruptcy can have serious consequences, including a potential loss of business and/or personal assets and damage to credit, so it shouldn’t be taken lightly.

Conclusions and Next Steps

During the height of the pandemic, the SBA offered the Hardship Accommodation Plan to help small business owners who were struggling to repay their EIDL loans. With that no longer available, though, it’s possible that borrowers are searching for options.

If you need relief from your debt obligations under the EIDL loan, bankruptcy may be a viable way out. Of course, it’s best to understand all the possible ramifications of it before filing, including consulting with an experienced bankruptcy who’s well-versed in the law.

At Babi Legal Group, our team of attorneys has more than 150 years of experience in bankruptcy, debt settlement, debt collection and business law. We can guide you through the ins and outs of bankruptcy if you’re struggling to meet your EIDL loan obligations.

For more information, please contact us today.